IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.38631 OF 2017 (GM-RES) BETWEEN:
NOOR UZMA W/O LATE ABDUL GANI SAYEED, AGED ABOUT 52 YEARS, R/AT NO.893, H. B. R. LAYOUT, 1ST STAGE, 2ND BLOCK 19TH CROSS, BENGALURU-560 085 (BY SRI. N. SURESHA, ADV.) AND:
… PETITIONER 1. BANK OF BARODA FRASER TOWN BRANCH, NO.48, HAINES ROAD, FRASERTOWN, BENGALURU-560 005 REPRESENTED BY ITS AUTHORISED OFFICER 2. MRS. REKHA M R/AT NO.893, 8TH MAIN ROAD, 18TH CROSS, 1ST STAGE, 2ND BLOCK, OFF NAGWARA MAIN ROAD, HBR LAYOUT, BENGALURU-560 043 … RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT TO R-1 NOT TO TAKE PHYSICAL POSSESSION OF THE WRIT PETITION SCHEDULED PROPERTIES AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri. N. Suresha, learned counsel for the petitioner.
In this petition, petitioner inter alia has assailed the validity of the order dated 26.04.2017 passed by the XI Additional Chief Metropolitan Magistrate, Bengaluru under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as ‘the Act’ for short).
2. In view of the decision of this Court in the order dated 30.01.2019 passed in W.P.No.6594/2018 and for the reasons assigned therein, the remedy available for the petitioner is to file an application under Section 17(4A) of the Act.
3. Accordingly, petition is disposed of with a liberty to the petitioner that in case he files an application before the Debts Recovery Tribunal within a period of eight weeks from the date of receipt of certified copy of the order passed today, he shall be entitled to the benefit of principles contained under Section 14 of the Limitation Act, 1963.
4. It is made clear that this Court has not expressed any opinion on the merits of the case.
With the aforesaid liberty, writ petition is disposed of.
Sd/- JUDGE Mds/-